Ruling Voids Spending Caps in New Jersey's Primary Races

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Ruling Voids Spending Caps in New Jersey's Primary Races

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Posted by Manolo on September 13, 2003 at 09:38:23:

Ruling Voids Spending Caps in New Jersey's Primary Races
By DAVID KOCIENIEWSKI

New York Times

TRENTON, Sept. 12 — In a court decision that has startled New Jersey election officials and political leaders from both parties, a Superior Court judge has ruled that the state's campaign spending limits do not apply to candidates in primary elections.

The ruling, which was handed down Thursday during a court fight in Hudson County between two Democratic candidates for the Assembly, essentially sets aside regulations that have governed New Jersey primary campaigns for more than 30 years. The ruling, which affects primaries for state and local elections, but not federal elections, sent political leaders and election lawyers scrambling today.

The nonpartisan Election Law Enforcement Commission held an emergency conference and said it would go to court to have the ruling clarified because it "threatened the integrity" of New Jersey campaign finance law. Democratic and Republican leaders said they were considering mounting legal challenges, even as they studied the ruling to determine whether it offered them a competitive advantage.

No primaries are scheduled until next spring, and either court challenges or legislative action could negate the ruling.

But national experts on campaign finance predicted that if the ruling stood, it would allow corporations and wealthy individuals to sidestep donation limits and drastically increase both the cost of races and the influence of major contributors.

"For over 25 years, contribution limits have been the key to trying to control the appearance of corruption and undue influence in the political process," said Larry Noble, the executive director of the Center for Responsive Politics and the former general counsel of the Federal Election Commission. "If this stays in effect, then you have a major problems in New Jersey elections."

Judge Arthur D'Italia, of the Hudson County Superior Court, handed down the decision in a case brought by Assemblyman Joseph V. Doria, a Democrat, and his running mates, who were challenging the results of the June primary, which they lost.

Mr. Doria and Hudson County Democratic leaders contend that their opponents illegally used $182,000 that had been funneled through a political action committee.

Judge D'Italia dismissed the suit, saying that the spending limits in New Jersey's campaign finance statute apply specifically to races for "elective office," but that primaries decide only who will win the party nomination.

Angelo Genova, the lawyer who argued and won the case on behalf of the candidates backed by the Jersey City mayor, Glenn Cunningham, said party leaders who supported Mr. Doria were overstating the impact of the ruling because they were frustrated by the failure of their lawsuit.

But the prospect of unlimited spending in primaries brought criticism from across the state's political spectrum. State Senator Joseph M. Kyrillos Jr., the Republican chairman, said that the implications were "troubling" and that he had lawyers reviewing the judge's decision to determine whether to challenge it.

Ross K. Baker, a political science professor at Rutgers University, said he was stunned by the judge's ruling, which he said defied what had been the accepted practice in the state for decades.

"Good heavens, that's a thunderbolt," he said. "If there are people out there with big checkbooks, I think it's an open invitation for them to come in and take whatever amount of influence they want."

The judge's decision strained the already tenuous relations between the Hudson County Democratic organization and the administration of Gov. James E. McGreevey. County leaders, who backed Mr. Doria and his running mates, said the attorney general's office had filed a letter in the case arguing that the election law applies to primaries, but withdrew it before the judge made his decision.

"By failing to act in defense of these laws, Attorney General Peter Harvey has now ensured that primary election financing will resemble a lawless Wild West," said State Senator Bernard F. Kenny Jr., the Hudson County Democratic chairman.

But Lee Moore, a spokesman for Mr. Harvey, said the attorney general's office had become involved in the case only to represent the interest of the Board of Elections, which was a neutral party in the dispute. Mr. Moore said the attorney general's office might participate in an appeal if asked by the board.

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: Ruling Voids Spending Caps in New Jersey's Primary Races
: By DAVID KOCIENIEWSKI

: New York Times

: TRENTON, Sept. 12 — In a court decision that has startled New Jersey election officials and political leaders from both parties, a Superior Court judge has ruled that the state's campaign spending limits do not apply to candidates in primary elections.

: The ruling, which was handed down Thursday during a court fight in Hudson County between two Democratic candidates for the Assembly, essentially sets aside regulations that have governed New Jersey primary campaigns for more than 30 years. The ruling, which affects primaries for state and local elections, but not federal elections, sent political leaders and election lawyers scrambling today.

: The nonpartisan Election Law Enforcement Commission held an emergency conference and said it would go to court to have the ruling clarified because it "threatened the integrity" of New Jersey campaign finance law. Democratic and Republican leaders said they were considering mounting legal challenges, even as they studied the ruling to determine whether it offered them a competitive advantage.

: No primaries are scheduled until next spring, and either court challenges or legislative action could negate the ruling.

: But national experts on campaign finance predicted that if the ruling stood, it would allow corporations and wealthy individuals to sidestep donation limits and drastically increase both the cost of races and the influence of major contributors.

: "For over 25 years, contribution limits have been the key to trying to control the appearance of corruption and undue influence in the political process," said Larry Noble, the executive director of the Center for Responsive Politics and the former general counsel of the Federal Election Commission. "If this stays in effect, then you have a major problems in New Jersey elections."

: Judge Arthur D'Italia, of the Hudson County Superior Court, handed down the decision in a case brought by Assemblyman Joseph V. Doria, a Democrat, and his running mates, who were challenging the results of the June primary, which they lost.

: Mr. Doria and Hudson County Democratic leaders contend that their opponents illegally used $182,000 that had been funneled through a political action committee.

: Judge D'Italia dismissed the suit, saying that the spending limits in New Jersey's campaign finance statute apply specifically to races for "elective office," but that primaries decide only who will win the party nomination.

: Angelo Genova, the lawyer who argued and won the case on behalf of the candidates backed by the Jersey City mayor, Glenn Cunningham, said party leaders who supported Mr. Doria were overstating the impact of the ruling because they were frustrated by the failure of their lawsuit.

: But the prospect of unlimited spending in primaries brought criticism from across the state's political spectrum. State Senator Joseph M. Kyrillos Jr., the Republican chairman, said that the implications were "troubling" and that he had lawyers reviewing the judge's decision to determine whether to challenge it.

: Ross K. Baker, a political science professor at Rutgers University, said he was stunned by the judge's ruling, which he said defied what had been the accepted practice in the state for decades.

: "Good heavens, that's a thunderbolt," he said. "If there are people out there with big checkbooks, I think it's an open invitation for them to come in and take whatever amount of influence they want."

: The judge's decision strained the already tenuous relations between the Hudson County Democratic organization and the administration of Gov. James E. McGreevey. County leaders, who backed Mr. Doria and his running mates, said the attorney general's office had filed a letter in the case arguing that the election law applies to primaries, but withdrew it before the judge made his decision.

: "By failing to act in defense of these laws, Attorney General Peter Harvey has now ensured that primary election financing will resemble a lawless Wild West," said State Senator Bernard F. Kenny Jr., the Hudson County Democratic chairman.

: But Lee Moore, a spokesman for Mr. Harvey, said the attorney general's office had become involved in the case only to represent the interest of the Board of Elections, which was a neutral party in the dispute. Mr. Moore said the attorney general's office might participate in an appeal if asked by the board.

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